Legislature(2013 - 2014)BARNES 124

04/04/2013 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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Audio Topic
08:03:00 AM Start
08:03:56 AM HB193
08:18:52 AM HB174
08:49:25 AM Presentation: Fy 2014 State Plan for the Community Services Block Grant Program
09:28:41 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 174 PERS CONTRIBUTIONS BY MUNICIPALITIES TELECONFERENCED
Moved CSHB 174(CRA) Out of Committee
*+ HB 193 MUNICIPAL TAXATION OF TOBACCO PRODUCTS TELECONFERENCED
Moved Out of Committee
+ Presentation: FY14 State Plan for the Community TELECONFERENCED
Services Block Grant Program by Dept. of
Commerce, Community & Economic Development
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 193-MUNICIPAL TAXATION OF TOBACCO PRODUCTS                                                                      
                                                                                                                                
8:03:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced that the  first order of business would                                                               
be  HOUSE   BILL  NO.  193,   "An  Act  relating  to   the  joint                                                               
administration   of   tobacco   taxes   by  the   state   and   a                                                               
municipality."                                                                                                                  
                                                                                                                                
8:04:14 AM                                                                                                                    
                                                                                                                                
DIRK  CRAFT, Staff,  Representative  Lance  Pruitt, Alaska  State                                                               
Legislature, began  by informing  the committee  that HB  193 was                                                               
brought  forward by  Anchorage to  help create  a more  efficient                                                               
process  to collect  tobacco taxes.    He clarified  that HB  193                                                               
isn't  an increase  or decrease  in the  tobacco tax  rather it's                                                               
creating  a  more  efficient  process   by  partnering  with  the                                                               
Department of  Revenue (DOR) to help  municipalities that collect                                                               
tobacco  taxes.    Section  1   amends  AS  43.05.230  under  the                                                               
administration of revenue  laws such that it allows  the state to                                                               
share  tax information  it collects  with municipalities  for the                                                               
purposes of  tax collections.    Section  2 amends  AS 43.50.150,                                                               
the  administration  of  the  Cigarette   Tax  Act,  that  allows                                                               
municipalities in  the state  to jointly  collect both  state and                                                               
municipal tobacco  taxes and also  allows for the  joint auditing                                                               
and  distribution of  stamps  and collection  of  money on  those                                                               
stamps.                                                                                                                         
                                                                                                                                
8:06:21 AM                                                                                                                    
                                                                                                                                
DAN   MOORE,  Treasurer,   Treasury  Division,   Municipality  of                                                               
Anchorage,  agreed  that   Section  1  of  HB   193  would  allow                                                               
information sharing that would allow  the state to coordinate and                                                               
be more  efficient and  effective with taxes  that are  common to                                                               
both state  and local  jurisdictions, which  are the  tobacco tax                                                               
and  the  rental vehicle  tax.    Although there  is  information                                                               
sharing from discovery or audits  in relation to tax evaders, the                                                               
information  remains  confidential  on the  state  and  municipal                                                               
side.   This sharing of  information allows the  full enforcement                                                               
of  the tax  at the  state  and local  level.   The principle  of                                                               
Section 1  is based on a  similar one that exists  in the statute                                                               
of many  states that  allow the state  to share  information with                                                               
the local jurisdiction.  Section 2  is focused on the tobacco tax                                                               
and  the use  of the  tobacco  tax stamp.   He  noted that  other                                                               
jurisdictions   in    the   nation,   particularly    in   larger                                                               
jurisdictions with major populations, use  what he referred to as                                                               
a  "joint/combo tobacco  stamp."   The Municipality  of Anchorage                                                               
doesn't currently have  a tobacco tax stamp, but may  want one in                                                               
the  future.   Discussions  with private  industry  have made  it                                                               
clear  that it  would be  very problematic  to have  two separate                                                               
stamps,  a city  stamp and  a state  stamp, on  a single  pack of                                                               
cigarettes.   Discussions  with  a major  stamp vendor  revealed,                                                               
however,  that it  is possible  to  create a  single joint  stamp                                                               
representing that  the tax has  been paid  to both the  state and                                                               
the city.   In  this situation in  which part of  the goal  is to                                                               
gain efficiency,  besides just  a single  joint stamp,  Mr. Moore                                                               
requested that  the state DOR  be the central administrator  of a                                                               
joint  tobacco  tax  stamp  program.     Therefore,  the  private                                                               
industry would  have a  one-stop shop in  terms of  acquiring the                                                               
stamps and  remitting the  funds.  The  state would  then collect                                                               
funds on  behalf of  local jurisdictions and  then pay  the local                                                               
jurisdictions each month.   Section 2 requests  authority for DOR                                                               
to enter  into individual agreements with  local jurisdictions so                                                               
that  the terms  can  be  laid out  in  advance,  before a  joint                                                               
tobacco tax stamp  is even considered.  A key  provision within a                                                               
memorandum   of   understanding   (MOU)   would   be   the   cost                                                               
reimbursement  from the  local jurisdiction  that  would ask  the                                                               
state to issue tobacco stamps  and collect money on their behalf.                                                               
He pointed out  that the fiscal note is focused  on Section 2 and                                                               
shows the cost  impact if there were no  reimbursement.  However,                                                               
page 2  of the fiscal  note specifies that  if there is  a formal                                                               
agreement in which jurisdictions  agree to reimburse costs, there                                                               
would  be  no   costs  to  Section  2.    He   related  that  the                                                               
Municipality of  Anchorage is fully committed  to reimbursing any                                                               
incremental cost  that is caused  by the request to  partner with                                                               
the state on a joint tobacco  tax stamp, and thus the legislation                                                               
would be cost neutral to the state.                                                                                             
                                                                                                                                
8:11:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON inquired as  to how much additional revenue                                                               
Anchorage would realize if this MOU was entered into.                                                                           
                                                                                                                                
MR.  MOORE pointed  out that  the MOU  is particular  to the  tax                                                               
stamp  program  in  that  it's   a  matter  of  more  efficiently                                                               
collecting the money.  Section 1,  he stated, provides more of an                                                               
opportunity  for  increased   revenue  because  with  information                                                               
sharing the  city or the  state can  talk about things  they have                                                               
found in terms of tax evasion  and that can be shared because the                                                               
tax  is owed  on both  the  state and  city  side.   In terms  of                                                               
quantifying Section  1, Mr. Moore  estimated that if there  was 5                                                               
percent tax evasion with cigarettes  in Anchorage and $22 million                                                               
a year is collected from the  cigarette tax, 5 percent of that is                                                               
about $1 million  per year of revenue that could  be recovered or                                                               
realized  as  a  result  of   joint  audit  information  sharing.                                                               
Furthermore, it  sends a  message that the  state and  cities are                                                               
more coordinated and effective in  enforcing the tobacco tax law.                                                               
Although it's more  difficult to estimate or  quantify leakage or                                                               
abuse, the same can be said about  car rental taxes.  In fact, in                                                               
recent years  the state had a  major finding in a  rental vehicle                                                               
agency in  Anchorage that  amounted to  $600,000 of  unpaid state                                                               
tax.    Unfortunately,  since  the  information  sharing  statute                                                               
didn't exist,  Anchorage couldn't recover  what was found  in the                                                               
state's  audit.   The [Municipality  of Anchorage]  performed its                                                               
own  audit, albeit  it  didn't  cover as  broad  a  range as  the                                                               
state's  audit,  and  thus  the  municipality  lost  out  on  the                                                               
collection  of  revenue  legally  due  to it.    Mr.  Moore  then                                                               
mentioned that  the information sharing is  reciprocal, such that                                                               
if  the state  agrees to  share with  a local  [municipality] its                                                               
local code includes sharing with the state.                                                                                     
                                                                                                                                
8:14:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  inquired as to how  many wholesalers would                                                               
apply this tobacco tax stamp.                                                                                                   
                                                                                                                                
MR. MOORE answered  that there are five or less  entities that do                                                               
stamping of which three to four  do their own direct stamping and                                                               
one to two that do stamping on behalf of many entities.                                                                         
                                                                                                                                
8:15:51 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX, upon determining no  one else wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
8:16:03 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK moved  to report  HB 193  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The committee took an at-ease from 8:16 a.m. to 8:18 a.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB 193 - Sponsor Statement.pdf HCRA 4/4/2013 8:00:00 AM
HB 193
HB 193 - Sectional Analysis.pdf HCRA 4/4/2013 8:00:00 AM
HB 193
HB 193 - Ver A MUNICIPAL TAXATION OF TOBACCO PRODUCTS.pdf HCRA 4/4/2013 8:00:00 AM
HB 193
HB193 - Fiscal Note - DOR-TAX-04-03-13.pdf HCRA 4/4/2013 8:00:00 AM
HB 193
HB193- Fiscal Note - DCCED-DCRA-04-03-13.pdf HCRA 4/4/2013 8:00:00 AM
HB 193
HB 193 Letter of Support - Municipality of Anchorage.pdf HCRA 4/4/2013 8:00:00 AM
HB 193
HB 174 Sponsor Statement.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
CSHB 174 Work Draft.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
HB 174 ver A.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
HB174-Fiscal-Note-DOA-DRB-3-22-13.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
HB 174 - 1 Cities & Bouroughs Impacted by Salary Floor.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
HB 174 - 2 Affected Muniticaplities - PERS Employer Salaries for FY08 - FY12.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
HB 174 - 3 Affected Muniticaplities -PERS Employer Salaries for FY08 - FY12.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
HB 174 - 4 Total Active PERS employees.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
HB 174 - 5 Population Decreases - 2010 AK Cities by Population - US Census.pdf HCRA 4/4/2013 8:00:00 AM
HB 174
FFY 14 State Plan CSBG Community Services Block Grant.pdf HCRA 4/4/2013 8:00:00 AM
State of Alaska Division of Community and Regional Affairs